Skip to main content

Full text of "Shipping Practice"

See other formats

52                                 SHIPPING PRACTICE

the agent, as the charter-party is judged as a whole, but the
agent should make this point clear by signing "John Brown
as Agent for the charterers/' and where the contract has
been fixed by telegraph, then he should make arrangements
that his signature is qualified by the words, " By Telegraphic

Cases may occur where brokers are advised to fix a steamer
of Soo tons, and upon confirmation being given discover that
the tonnage should have been 8,000. Unless they have
agreed that contract by "Telegraphic Authority," or some
similar qualification, there is no recourse, and the charter
must either be carried out, or cancelled; in either case a
loss would probably be incurred.

Custom of trade. Custom of trade must be such that it
is a recognized custom, and known generally by all engaged
in that trade. Where this is pleaded or mentioned it over-
rules charter clauses, unless specifically excluded.

In voyage charter-parties it is recognized that notice of
readiness or advice to the charterer that the steamer is
ready to load in accordance with the terms of the agreement
shall be given. This notice must be given before the lay
days start to count, and may not be given until the steamer
is actually ready in all respects. This means that the steamer
must be ready to receive the cargo, and failure to have all
holds ready—even though only one or two may be worked—
for the reception of cargo makes the vessel unready. In
the case of grain charter-parties, shifting boards, which are
partitions to prevent the grain moving on voyage (see
page 121, post), must be provided and be ready for use at
the same time as the steamer, to claim perfect readiness.

A sailing telegram is sent when the vessel leaves for her
port of loading, to acquaint the charterer of the position,
in order that he may ascertain the date when the vessel
wfll be aa arrived ship and ready to be worked.

The charterer must arrange to supply his cargo when the
ship is ready to load, and any delay is for his account; when
his lay days are used, demurrage is charged for extra time
incurred. Any deky which may occur outside the charterer's